BILL 15 – 2004
SUSTAINABLE RESOURCE MANAGEMENT
STATUTES AMENDMENT ACT, 2004

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Assessment Act

1 Section 4 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by adding the following subsection:

(3) The fee required under section 6 (5) does not apply in respect of a request under subsection (1) of this section.

2 Section 6 is amended by repealing subsections (4) and (5) and substituting the following:

(5) An assessor must provide, to any person who requests it and pays the prescribed fee, the information contained in the current assessment notice sent by the assessor under section 3.

3 Section 7 (1) is repealed.

4 Section 9 is repealed and the following substituted:

Certification

9 Upon completion of an assessment roll, the assessor must certify in writing that the assessment roll was completed in accordance with the requirements of this Act.

 
Commissioner on Resources and Environment Act

5 The Commissioner on Resources and Environment Act, R.S.B.C. 1996, c. 59, is repealed.

 
Freedom of Information and Protection of Privacy Act

6 Schedule 2 to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(a) by striking out the following:

(b) by substituting the following:

 
Kootenay Canal Land Acquisition Act

7 The Kootenay Canal Land Acquisition Act, S.B.C. 1972, c. 31, is repealed.

 
Land Act

8 Section 11 (1) of the Land Act, R.S.B.C. 1996, c. 245, is repealed and the following substituted:

(1) Subject to compliance with this Act and the regulations, the minister may dispose of surveyed or unsurveyed Crown land by any of the following means, as the minister considers advisable in the public interest, to a person entitled under this Act:

(a) application;

(b) public auction;

(c) public notice of tender;

(d) public drawing of lots;

(e) public request for proposals;

(f) listing with an agent registered under the Real Estate Act;

(g) land exchanges.

 
Land Title Act

9 Section 1 of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by adding the following definitions:

"electronic" includes created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;

"record", as a verb, means write or stamp manually or annotate electronically;

"true copy" means

(a) in relation to a paper document, an exact copy of the document, and

(b) in relation to an electronic instrument, a legible paper copy of the electronic instrument containing every material provision and particular contained in the original.

10 Section 41 is amended by adding the following definition:

"instrument" includes a true copy of an electronic instrument as defined in section 168.1; .

11 Section 99 is amended

(a) in subsection (1) (h) by striking out "or" at the end of subparagraph (ii), by striking out "is located;" and substituting "is located, or" in subparagraph (iii) and by adding the following subparagraph:

(iv) a person designated by the minister under section 219 (3) (c). , and

(b) in subsection (2) by adding "(h) (iv)," after "(f),".

12 Section 153 is amended

(a) in subsection (1) by striking out "endorse" and substituting "record",

(b) in subsection (1) (a) by striking out "day and hour" and substituting "date and time", and

(c) by repealing subsection (2) and substituting the following:

(2) For the purposes of priority among purchasers, transferees, mortgagees and others, and for all purposes of this Act, the date and time recorded under subsection (1) (a) is the date and time when the application was received by the registrar and a true copy of that record must be received in all courts as conclusive proof of the date and time the application was received by the registrar.

13 Section 168.1 is amended

(a) by repealing the definition of "electronic",

(b) in the definition of "electronic instrument" by striking out "under this Act;" and substituting "under this or another enactment;", and

(c) by repealing the definition of "transferor" and substituting the following:

"transferor" includes any person authorized by or under an enactment to execute a an instrument or other document that is required or permitted to be filed, lodged or deposited in the land title office.

14 The following section is added to Division 1 of Part 10.1:

Provisions inapplicable to electronic instruments and applications

168.12 Sections 35, 38 (4) and (5), 148, 157 and 166 (2) do not apply in relation to electronic applications or electronic instruments, as defined under this Part.

15 Section 168.3 is amended

(a) by adding the following subsection:

(1.1) This section does not apply in relation to an electronic declaration required under section 168.41 or 168.42 in relation to a document submitted under section 168.4. ,

(b) by repealing subsection (3) (a) and substituting the following:

(a) if Part 5 applies in relation to the electronic instrument, a true copy of the electronic instrument has been executed and witnessed in accordance with Part 5, and otherwise, a true copy of the electronic instrument has been executed in accordance with the enactment that applies in relation to the electronic instrument, and ,

(c) by adding the following subsection:

(3.1) Subsection (3) does not apply in relation to an electronic instrument if the enactment that applies in relation to the instrument does not require that it be

(a) executed in a particular manner, or

(b) witnessed. ,

(d) by repealing subsection (4) and substituting the following:

(4) The incorporation of the electronic signature of a subscriber into an electronic instrument is a certification by the subscriber,

(a) if in accordance with subsection (3), that the requirements in subsection (3) (a) and (b) are met, and

(b) if in accordance with subsection (3.1), that a true copy of the electronic instrument, or a copy of that true copy, is in the possession of the subscriber. ,

(e) in subsection (5) by striking out "If" and substituting "If Part 5 applies and",

(f) in subsection (6) by striking out "rule of law," and substituting "rule of law to the contrary,", and

(g) by repealing subsections (7) and (8) and substituting the following:

(7) An electronic instrument executed in accordance with subsection (3) is conclusively deemed to have been executed on the date recorded as the execution date on the electronic instrument, regardless of the date on which the electronic signature of the subscriber was incorporated into the instrument.

16 Section 168.31 is amended by striking out everything after "Part 5," and substituting "or a copy of that true copy, satisfies the transferor's obligations under the Property Law Act or any other rule of law to deliver an instrument in registrable form."

17 Section 168.4 is amended

(a) by repealing subsection (3) (b) and substituting the following:

(b) is entitled to be registered as the owner in fee simple of the land described or as the owner of the charge specified over the land described, or is entitled to cancellation of the interest or charge specified over the land described, and , and

(b) by repealing subsection (4).

18 Section 168.41 (4) is amended by striking out "policies" and substituting "requirements".

19 The following section is added:

Corrective declarations

168.42 (1) If a person referred to in section 168.4 (2) (a) or (b) discovers an error or misdescription in an electronic application or electronic instrument he or she, or a person on his or her behalf, is submitting, or has submitted, under section168.4, the person may submit or have submitted on his or her behalf an electronic declaration in the form approved by the director bringing the error or misdescription to the registrar's attention.

(2) The electronic signature of a subscriber must be incorporated into an electronic declaration under subsection (1) in accordance with the requirements established by the director.

(3) The incorporation under subsection (2) of the electronic signature of the subscriber is a certification by the subscriber that

(a) based on the subscriber's personal knowledge, the electronic declaration sets out the material facts accurately, or

(b) based on the subscriber's reasonable belief, the electronic declaration sets out the material facts accurately.

20 Section 168.51 is amended

(a) by striking out everything before paragraph (a) and substituting "The registrar may, before the registration or cancellation of an estate, interest or claim evidenced by an electronic instrument, require that an applicant,",

(b) in paragraph (a) (i) by striking out "or",

(c) in paragraph (a) (ii) by striking out ", or" and substituting ", and",

(d) in paragraph (a) by adding the following subparagraph:

(iii) the executed true copy of the electronic instrument referred to in section 168.3 (3.1), and , and

(e) by repealing paragraph (b) (i) and (ii) and substituting the following:

(i) if Part 5 applies in relation to an instrument, executed a true copy of the electronic instrument in the presence of an officer and made the applicable acknowledgement under that Part, and

(ii) if Part 5 does not apply in relation to an instrument, executed a true copy of the electronic instrument in compliance with the applicable enactment.

21 Section 168.6 is amended

(a) by repealing subsection (2), and

(b) in subsection (5) by adding ", transferee" before "or other person."

22 Section 168.61 is amended

(a) by repealing subsection (1), and

(b) in subsection (2) by striking out "a copy" and substituting "a true copy" and by striking out "made before the electronic instrument was submitted under section 168.4".

23 Section 168.7 is amended

(a) by repealing subsection (1), and

(b) in subsection (2) by striking out "a refusal of the registrar" and substituting "the registrar's refusal to register".

24 Section 168.81 (1) is amended by striking out "issue" and substituting "issuance".

25 Section 168.91 is amended

(a) in subsection (2) (a) by adding "or any other enactment" after "this Act",

(b) in subsection (2) (l) by striking out "applications" and substituting "applications, documents" in both places, and

(c) in subsection (2) by adding the following paragraphs:

(p) respecting the grounds for, and the manner in which, the director may withdraw recognition of a certification authority provided under section 168.71;

(q) respecting the hours during which electronic applications and instruments will be received by the land title office;

(r) prescribing the manner of effecting service by electronic means for the purposes of section 317.1 and the method of proving that service.

26 Section 308 (1) is repealed and the following substituted:

(1) If the registrar refuses to proceed with an application, including an electronic application as defined in section 168.1, the registrar must forthwith serve written notice in the form approved by the director of the refusal, stating briefly the reasons and the registrar's requirements,

(a) in the case of an electronic application, on the submitter of the application, and

(b) otherwise, on the applicant, or the solicitor or agent of the applicant,

and if a subsequent application is affected by the refusal, the registrar must similarly serve a notice on the subsequent submitter or applicant, as applicable.

27 Section 309 (1) is amended by striking out everything before paragraph (a) and substituting the following:

(1) Within 21 days after a person described in section 308 (1) (a) or (b) receives a notice under section 308 (1), the applicant who made the application or on whose behalf the application was made may make an application in the nature of an appeal to the Supreme Court, supported by the person's affidavit and, if necessary, the affidavits of other persons, stating .

28 The following section is added:

Service by electronic means

317.1 Service may be effected by electronic means in the prescribed manner.

 
Local Government Act

29 Section 946 (5) and (8) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by striking out "section 21 (1) or (2)" in both places and substituting "section 23 (1) or (2)".

 
Ministry of Lands, Parks and Housing Act

30 Section 3 (3) of the Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307, is repealed and the following substituted:

(3) The minister may delegate in writing, on terms and conditions the minister considers appropriate, any of the minister's powers and functions under this Act, except the powers and functions under section 2 (2) and (3), to

(a) a government corporation, as defined in the Financial Administration Act, or

(b) a public service employee in the minister's ministry.

 
Property Transfer Tax Act

31 Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by adding the following definition:

"true copy" means

(a) in relation to a paper document, an exact copy of the document, and

(b) in relation to an electronic return, a legible paper copy of the electronic return containing every material provision and particular contained in the original.

32 Section 2 (1.1) (a) is amended by striking out "the tax" and substituting "tax".

33 Section 13.2 (1) is amended by striking out "the electronic return." and substituting "the electronic return and is admissible in court as if it were the original."

34 Section 37 (2) (x) is amended by striking out "instruments" and substituting "returns".

 
University Endowment Land Act

35 The University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended by adding the following section:

Minister's delegation

15.1 Subject to section 15 (1), the minister may delegate in writing, on terms and conditions the minister considers appropriate, any of the minister's powers and functions under this Act, except the powers and functions under section 12, to any person or category of persons.

Commencement

36 This Act comes into force on the date of Royal Assent.